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tZ3S 


Duke  University  Libraries 
Communication  f 
Conf  Pam  #299 


HOUSE  OF  REPRESENTATIVES,   Jan.    17,    iS(i--,._L:,ia  on 
the  table  and  orclered  to  be  i.»riiite(l. 

[By  the  Ciiaik.] 


MESSAOE  OF  THE  PRESIDENT. 

RinrMOND,  V\.,  Jan.  1  J,  ISGS. 
To  the  House  of  Rcprcsaifafivcs  : 

In  response  to  your  resoliirion  of  the  8th  November 
1S64,  I  herewith  transmit,  lor  your  inlbrmatiou,  a  communiealion 
from  Hou.  Howell  Cobb,  who  was  President  of  the  Provisional  (  (»n- 
gress,  relative  to  the  preparation  of  copies  of  the  Journals  of  that 
body,  and  of  the  Piooeedings  of  the  Convention  which  frame<l  the 
Provisional  and  Perman»"nt  Constitutions  of  the  Coniederate  States. 
And  I  invite  your  attention  to  the  suggi'Stions  he  makes  in  refeienc*' 
to  funds  to  be  expended  in  tiie  further  prosecution  oi"  the  work. 

JEFFERSON  DAVIS. 


COMMUNICATION  FROM  HON.  HOWELL  COJ'.li. 

Hi).  Qrs.  Ga.  Re.-^ekves,  and  Mit..  Dist.  of  Ga. 
Macau,  Go.,  Decend>er  17,  I^G4. 

Hon.  Jefferson  Davis,  Presidcni,  ^-c,  Ric/mo?id,  Va.: 

Sir  : 

In  response  to  a  resolution  of  the  House  of  Represen- 
tatives of  Congress  of  the  Sth  Novembei'  last,  asking  for  information 
in  reference  to  the  Journals,  ttc.  of  the  K'rovisional  Congress,  kc,  I 
beg  leave  respectfully  to  report : 

In  comi)liauce  with  that  resolution,  I  employed  Mr.  J.  J.  Hooper, 
Clerk  of  the  Provisional  Congress,  to  do  tlie  work.  Tile  panc«^-s 
were  already  in  his  possession;  and  I  regarded  him,  under  tlw  eiiv 
cu instances,  as  the  most  suitable  person  to  undertake  it.  lu  a,  short 
time  he  died,  leaving  the  work  almost  untouched,  and  {he  papers, 
scattered,  and  ditticult  of  access.  I  then  employ«'d  ^lajor  John  C\ 
Whitner  of  West  Point,  Alabama,  a  most  faithfu'.}'.  and  competent" 
person,  whoinnnediately  entered  upon  the  discifarge  of  the  dw^v,  and; 
who  has  devoted  his  time  earnestly  to  the  business  from  that  period 
to  the  present  time.  I  herewith  enclose  his  report,  which  is  so  full 
and  satisfactory,  that  it  is  unnecessary  for  me  to  add  ^nv  thins  by 


way  of  explaiiatioii  of  the  causes  which  have  led  to  the  delay  in 
coMipk'tiiig  tlie  work. 

I  would  respectfully  Cill  the  attention  of  Congress  to  the  *^tt, 
that  IMujor  Wliitner  has,  up  lo  this  time,  received  no  conjpensation 
for  his  services,  and  has  in  fact  advanced  money  from  his  own  funds 
for  necessary  expenditures.  1  wouhl  rcconinicnd  that  the  amount, 
which  he  rcturnt-d  to  the  Treasury  of  the  old  issue,  be  at  once  placed 
in  his  hands,  and  that  an  additional  appropriation  of  twenty  thousand 
dolli.rs  be  made  to  coniplete  the  work.  This  sum  is  indicated,  with- 
out consultation  with  I\Iaj.  Whitui')-;  and  it  may  not  be  sufficient,  in 
view  of  the  present  high  })ric«.'s ;  but  at  ju'esent  I  will  not  ask  for  a 
larger  sum.  1  would  aUo  I'ecommend  that  the  other  requests  of 
Maj.  Whitner  should  be  complied  with  by  Congress,  as  they  are  both 
reasonable  and  proper. 

It  is  but  simple  justice  to  myself  to  state,  that  before  and  since 
the  adjoununeiit  of  the  Provisional  Congress,  I  have  been  in  the 
constant  military  service  of  the  country,  and  therefore  had  no  time 
to  give  the  busim.-ss  my  personal  attention.  It  is  at  the  same  time 
due  to  Major  Whitner  to  say  that  he  has  spared  no  effort  or  pains  to 
do  the  work  as  I'apidly  as  circumstances  beyond  his  control  would 
aduiit.  I  am  suie  that  I  could  not  have  procured  the  services  of  a 
more  faithful  or  competent  officer. 

I  am,  veiy  rt^spcctfully,  yours,  &c. 

HOWELL  COBB, 

President,  of  the  Provisional   Conaiess. 


l.'Kl'OJvr  OF  MAJOR  WHITNER. 

Augusta,  Ga.,  November  IS,  18(34. 

GliNEKAL  : 

Tn  compliance  with  the  resolution  adopted  by  the 
House  of  Kepreseiitatives  on  the  8th  instant,  which  you  have  referred 
to  me,  asking  the  President  to  "inform  Congress  whetlier  the  Hon. 
Howi'll  Cobb,  President  of  the  Provisional  Congress,  has  complied 
with  the  act  of  17th  February  1802,  by  which  he  was  instructed  to 
have  prei)ared  two  copies  of  the  Journals  of  Congress,  and  the  Pro- 
ceedings of  the  Convention  which  framed  the  Provisional  and  Perma- 
nent Constitutions  of  th(!  Conlrderate  States,  one  copy  of  which  was 
to  be  deposited  in  the  office  of  the  Department  of  Justice ;  and  if 
not,  to  comnninicate  to  Congress  any  information  he  may  have  as  to 
the  present  state  of  the  work  ;  also  whether  the  originals  of  the 
Journals  have  been  sealed  and  deposited  for  preservation  with  the 
Secretary  of  State,  in  accordance  with  law," — I  have  the  honor  to 
make  the  following  statement : 

As  soon  ;.s  I  received  the  boxes  containing  the  papers  belonging 
to  the  Provisional  Congress,  I  entered  upon  the  work  of  complying 


3 

with  the  law  above  referred  to.  Much  matter,  as  I  have  before  in- 
formed you,  was  missing — all,  or  nearly  all  the  Journals  of  the  Con- 
vention, and  many  important  papers  forming  a  pair  of  the  Journals, 
as  well  as  some  of  the  Join-nals  themselves  oi"  the  Congress.  It  was 
some  time  before  any  of  these  could  be  found  ;  and  for  securing  them 
at  all,  I  am  indebted  to  the  cordial  assistance  rendered  by  Messrs. 
Robert  E.  Dixon  and  A.  R.  Lamar,  both  at  one  time  connected  with 
the  Piovisional  Congress  as  assistant  cleiks.  Mr.  Dixon  informed  me 
that  he  himself,  a.s  clerk,  had  c()pie<l  the  Proceedings  of  the  Conven- 
tion in  a  bound  book,  which,'  however,  could  not  be  found.  Fortu- 
nately, he  had  preserved  in  his  possession  the  originals  from  which 
this  copy  was  nuide,  only  a  few  being  missing.  These  missing  Jour- 
nals he  was  doubtless  prevented  from  sending  to  me  by  his  sudden 
death  ;  and  it  has  been  but  comparatively  recently  that  I  have  gotten 
possession  of  them. 

Many  papers,  such  as  messages,  reports,  resolutions,  treaties,  me- 
morials, communications,  petitions,  &c.,  referred  to  and  forming  ;i 
part  of  the  regular  proceedings  of  Congress,  and  which  had  probably 
been  slightly  attach.ed  or  only  placed  within  the  leaves  of  the  original 
Jcun'nals,  could  not  be  found  amongst  the  papers  in  the  boxes  sent 
me.  Through  the  courtesy  and  labor  of  the  gentlemen  above  men- 
tioned and  others.  I  hope  the  most  if  not  all  have  been  gathered  up. 
Only  in  one  case  so  far,  and  that  not  important,  have  I  failed  to  get 
the  original  jiaper  referred  to.  or  an  authentic  copy.  Many  of  these 
papers  also  were  gathered  u}»  by  jMr.  Dixon,  and  were  in  his  posses- 
sion at  the  time  of  his  deatli,  and  have  since  been  secured  through 
the  courtesy  of  his  family  and  friends. 

The  cause  of  the  confused  and  scattered  condition  of  these  papers, 
I  cannot  explain.  The  lamented  death  of  Hon.  J.  J.  Hooper,  to 
whom  the  work  was  first  coimnitted,  together  with  the  general  con- 
fusion then  existing  in  Richmond,  in  consequence  of  the  near  ap- 
proach of  the  enemy,  and  the  sending  off  to  other  points  important 
government  papers,  had  doubtless  much  to  do  with  it.  Mr.  llooper 
had  but  barely  entered  upon  this  work — possibly  not  long  enough  to 
gather  up  what  was  nece.-^sary  for  its  accin-ate  completion. 

These  matters  have  delayed  me  very  much — far  more  than  would 
at  first  appear.  For  instance,  whilst  writing  any  day's  proceedings,  I 
find  an  imjiortant  document  referred  to  missing.  A  thorough  search 
through  all  the  mass  in  my  possession  shows  it  is  not  on  hand.  Not 
knowing  its  length,  it  is  impossible  for  me  to  leave  room  for  it.  I 
must  therefore  necessarily  delay  further  copying  until  that  paper  is 
found,  wdiich  nuiy  be  at  Richmond  or  elsewhere.  This  occurring 
frequently  and  involving  in  some  cases  months  of  search,  I  have  been 
delayed  in  a  most  annoying  manner.  1  endeavored  to  procure  as- 
sistance at  first;  but  unable  to  furnish  exemption,  no  one  would  re- 
main with  me.  And  but  for  the  voluntar}'  aid  of  Messrs.  Dixon  and 
Lamar  and  other  gentlemen,  I  don't  see  how  I  could  have  gotten  on. 

Another  cause  of  delay  has  been  the  recent  movements  of  the 
enemy.  As  you  directed  me  to  take  good  care  of  these  papers,  I 
left  Atlanta  about  a  month  before  its  fall,  and  went  to  West  Point. 


Hearing  of  a  threatened  raid  upon  tliat  place,  I  went  further  down 
into  Ahibama,  and  was  surrounded  and  cut  oil"  by  Rosseaii's  raid. 
Fortunately,  ev»My  thing  escaped,  and  I  have  all  in  safety  here. 

You  placed  ininy  liands  8  ^OOO.  Of  this  I  e.\pcnd<'d  $:37()  for 
materials.  The  reniaind(!r,  S1,():30,  T  (lepo.sired  with  J.  W.  Duncan, 
Depositary  in  Athinta,  about  the  last  of  ]\Iarch,  in  order  to  have  it 
exclianged  fur  new  curi'ency,  and  sent  the  certificate  on  to  the  Seci'e- 
tary  of  the  Treasury,  but  never  received  any  order  on  the  Depositary 
for  the  amount  in  new  issue.  I  would  respectfully  ask  your  atten- 
tion to  this,  as  I  have  had  to  use  my  own  means  in  paying  expenses. 

I  have  written  up  a  portion  of  the  Proceedings  of  the  Convention, 
and  two-thii'ds  of  the  Joui'uals  of  Congress,  both  oi)en  and  secret. 
If  not  interrupted,  I  will  soon  complete  one  copy  ;  which  will  enable 
me  to  de])osit  the  originals,  as  recpiired  by  law,  and  then  rapidly 
work  up  the  other  copy.  I  trust  all  nn'ssing  papers  have  been  se- 
cured n(;cessar\'  to  the  accuracy  of  the  work. 

I  would  respectfully  call  your  attention  to  the  fact,  that  I  have 
been  working  on  this  business  over  a  3-ear,  and  have  received  no 
compensation,  nor  do  I  know  what  I  am  to  receive.  I  would  re(piest 
a  fixed  pa}-,  and  a  return  of  amounts  already  expended. 

As  you  ai'e  aware,  I  have  frequently  been  interrupted  by  the  mili- 
tar}^  though  through  your  influence  have  generally  been  relieved. 
Once,  hovk'ever,  I  had  to  submit  to  examination  and  discharge  for 
physical  disability  by  a  board  of  conscript  surgeons.  I  beg  you 
would  secure  for  me  from  congress  special  exemption  whilst  engaged 
on  this  work,  with  privilege  of  going  to  ])laces  of  safety  from  those 
threatened  by  the  enem3\  The  importance  of  this  must  be  appa- 
rent, I)oth  foi-  the  security  of  the  work  and  its  early  completion.  If 
possible,  1  would  like  to  have  the  appointment  of  an  assistant,  and 
would  I'ecommend  Clinton  I.  Brown,  P]sq.,  who  has  alrt-ady  given  me 
volnnlary  aid  ;  has  been  pi'onounced  unfit  foi"  field  service,  and  would 
add  no  e.\j)ense  whatever  to  the  governnjent.  This  would  enable  me 
to  proceed  more  rapidly,  and  at  the  same  time  have  the  originals  ar- 
ranged preparatory  to  early  turning  them  over  to  the  government. 

It  is  impossible  to  express  my  dtiep  concern  to  have  this  work 
finished,  and  thus  be  relieved  of  so  cumbrous,  and  at  the  same  time 
important  responsibility.  You  have  re[)eattHll3^  urged  upon  me  the 
importance  of  its  early  completion  ;  yet  I  have  not  hesitated  to  take 
time  for  gathering  all  important  materials,  believing  that  a  full  and 
accurate  record  of  its  proceedings  was  the  first  object  aimed  at  by 
the  Provisional  Congress.  To  secure  this,  delays  have  been  unavoid- 
able;  but  I  think  they  will  not  occur  again. 

I  have  the  honor  to  be 

Your  ob't  servant, 

JNO.  C.  WHITNER. 
Gen.  Howell  Cobb,  Macon,  Ga. 


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